Tag Archives: new or used

We won $10,000 in Small Claims Court for Diminished Value and $8,115 in Superior Court in Van Nuys, CA

Featured

Posted on by

Yes! we won in Small Claims Court Civil Division Department P in Van Nuys, CA for the “Diminished Value”, in the amount of $10,000 plus court cost on March 12, 2019.

How did we do it?

Back in January I got a call from my client to write a “Diminished Value” report for his 2012 BMW 328i that had been rear ended when at a stop light by another driver.

I asked for the Estimate of Repair document to see the cost of repairs and it turned out to be over $17,000 in damages. I started to write the “Diminished Value” report that can be used in a court of law.

When I finished the “Diminished Value” report I sent it along with instructions on how to proceed.

First, my client had to send a Demand Letter to the Insurance Company of the driver that hit his car.  As expected, my client got a letter back from the Insurance Company that the claim was denied and the CA law does not have any such thing as “Diminished Value”.

Second, my client followed my instructions I sent him and filed a Small Claims law suit against the owner of the car that hit him and then got a court date to stand before a Judge.

On the day of trial I was with my client (Plaintiff) and we went inside the court room.  The owner of the car (Defendant) that hit my client’s car was in court with his Insurance Adjuster and we were asked to go outside and try to arbitrate.

The defendant’s insurance refused to arbitrate so we remained inside the court room to stand before the Judge.

The Plaintiff was called and he and I stood before the Judge. He told the Judge his Expert was with him and would like for me to speak about the “Diminished Value” and the Judge allowed me to speak.

First, the Plaintiff spoke about the accident and how it happened; he also stated the other driver admitted fault.

Now the Defendant’s Insurance Adjuster spoke and said, “Your Honor, he accepted the car’s repairs and he was satisfied and if he has any complaints he should return to the shop that did the repairs.” Then he also stated we had to prove loss of value and later when I spoke I did.

The Defendant reminded the Judge he was not in the court about the repairs but about the loss of money when reselling or trading the car in. The Judge asked me to explain the report and the formula I use to show “Diminished Value”. After I finished explaining the report and my findings and how I come to the loss of value which was far more than he can ask for which was over $17,000.

The Judge had another question for me, how to show structural damage.  I explained with a very simple and easy to understand of how this was, with that the Judge said, “One side here today will not like my judgement but it is final.”

After five days my client called me with excitement; we won the “Diminished Value” case for the full amount of $10,165.  This is the maximum allowable damage he can ask for plus court cost in a small claims court of law in CA.

I have been writing “Diminished Value” reports for law firms in NV and CA going on 8 years now, but mostly in superior court for attorneys.  This was my first small claims case on my own and we won that all my client was allowed to ask for.

If you have been in a car accident not your fault you are entitled to get “Diminished Value” and you can get it; it takes a little time but worth every minute you spend on.

You can contact me by way of e-mail and I will be willing to help you as well. Don’t let the Insurance Adjuster make you back down with their lies, telling you it is not allowed or you don’t have a claim because your car is fixed, that is a cover in hope you will back down and they win. Help is here and here to stay.

Feel free to contact me anytime because you can WIN in small claims court for “Diminished Value”. This case can be verified.  Tell a friend and get paid what is owed to you.

Thank you,

Jackie Winters

Lemon Protection

Motorhome Inspection New and Used

Featured

Posted on by

I have inspected Motor-homes and 5th Wheels over the last several years and was amazed on what I have found wrong with new and used Motor-homes. Everything from broken parts to lose parts too parts not secured in place, bolts coming out screws stripped out and loose, water leaking at the tanks, water shooting out of the toilet when flushed as high as three feet, gas leaking and parts not connected just to mention a few things.

After years of inspecting Motor-homes and 5th Wheels I thought it was time to let people know about what to look for when making a purchase of a new or used Motor-home.

You would not expect to find things wrong with a brand new Motor-home but the truth is the people working on these are not all trained certified mechanics, some are trained mechanics that find a job with these companies and then start doing what they are told to do. I am sure over time the men or women get better at what they do and in fact make better homes for the customer but still some things are left undone or improperly done because of the time to get them out the door.

I have written a new book on Motor-home Inspection and it covers the home from front to rear inside and out on things you can see and test before purchasing.

Some of my customers have stacks of document of complaints on their Motor-home and the major headaches they have in attempting to get them fixed. I do Lemon Law Inspection on them.

One of my customers had a near accident but a Truck driver behind saw what was happening and he blocked the two lanes next to her to give her time to pull over safely and that allowed her to get out and tie up some of the doors that had just fallen open. The doors fell open during travel because of bent or improperly mounted holding locks.

I have one customer coming out of Arizona and he had just purchased a Brand New Motor-home and less than 100 miles he observed his siding was peeling off, he pulled over and picked up the siding and went to a hardware store and purchased a box of screws and re-secured the siding. He drove to a dealership and they said you did a better job than we did and we can’t make the siding any better for you, you are OK to go. He left a little dazed at what he was told.

I have seen molding falling apart or broken during assembly when the parts should have been replaced but was not. This book I have written will save you a lot of headache and down time if you just take the time to do what I am telling you to do before you sign the contract, a lot of things you may find you can order them to be properly fixed before you take possession. If you take possession and then find things wrong you better be ready for a long hall on the process of getting things fixed that is if you can find an authorized dealership to do the work. I have seen some homes in the shop for as much as three months for a simple repairs because of parts on back order or the shop is just busy  to get to the work needed.

Tell a friend and if you want a copy of my book send me a $20.00 money order or check and I will send you a copy by Priority mail 3 to 5 day delivery.

Keep in mind those Motor-homes are protected under the Lemon Laws on New and CPO vehicles and 5th Wheels.

Thank you and tell a friend.

Jackie Winters

lemonprotection@yahoo.com

Used Vehicle that have been an accident, beware

Posted on by

In the past I have inspected several like new cars and they all looked like they were well-maintained and never have been in an accident, the inspection proved otherwise. One must be aware that some used-car dealers will buy cars from auto auction, and some of those vehicles have been wrecked and repaired. These cars may never get reported to the police department and therefore do not show up in the Car Fax or Car Check reports.

With the purchase the customer also purchased an extended warranty. He started to have some electrical issue as well as suspension noises soon after. The dealership told the customer the $2,800.00 warranty he/she purchased did not cover the repairs because the repair was related to an accident that occurred before the vehicle was purchased. The customer was told the vehicle has never been in an accident.

I was asked to do an inspection on it and found several area showing damages that had been repaired indicating the vehicle has been in a major accident.

The vehicle which was purchased for $26,000, the person who purchased the car was given a Car Check report and showed to not have been in any accidents and based on that the car was purchased.

The customer wanted to trade the vehicle in and when the dealership inspected the vehicle the y found past accident damage, the dealership turn down the trade in. According to a new Car Fax report given to the customer during a trade in it appeared the vehicle had been in an accident. I later realized the original Car Check report had been cut and pasted together without the section showing the accident part. Someone sold a vehicle under fraud conditions when they made the true Car Check appear to be something it was not.

Used-car dealers’ salesmen know how to talk to car buyers. An inspection from a Trained Technician should always be done on newer used vehicle when the sale seems to be too good to be true.

A salesman may tell the potential buyer, “Look, I like you and want to help you. Although I am not supposed to do this, but I will drop the price a few more hundred dollars to help you.” This is a hook most people fall into. This $26,000 car should have been sold for $13,000, but like I said he was given a discount because the salesman said he likes him. Remember sales person does not know you any better than you know him or her. Sales persons are trained to make you feel like a true friend when in fact all they want is to sell you the vehicle and get that commission; then it’s good-bye and don’t bother me with any car repairs or complaints you have. The truth was the salesman may not have known about the accident damage but it seemed he robbed the customer. The customer had to file a lawsuit that may drag on for months or possible more before he recovers any money at all.

Upon inspection I removed some trim panels and took photos of the places where the rocker panels were and could see it had been hit and improperly repaired. This vehicle’s actual cash value was around $13,000, about half of what the customer paid for it and far less than the value of a good vehicle that was not wrecked. Not to count the loss of the $2,800.00 warranty that would not be honored by any dealership, the customer loses all the way around. The Lemon Law firms I work with may file what is called a “Fraud” case to help you recover the loss if this happens to you. You need to have all your paper work in order when you file.

I have inspected over 3,500 vehicles and have only had to go to trial on 53 cases. The attorney law firms I work with are the best in the business. A wrecked vehicle is also an unsafe vehicle if it was not properly repaired.

If this vehicle that had another side impact at the same side which was improperly repaired, the people on that side of the vehicle will likely die or get severely hurt. When a side center post or rocker panel is replaced, there are specific places that need to be worked on in order to make the vehicle worthy to be on the road again. When a dealership sells a vehicle that has been in an accident, a statement of fact (disclosure) has to be given to the customer so he or she will know about accident.

My recommendation is: have a professional vehicle inspector inspect the vehicle, to see if the damaged areas have been properly repaired or not. If he or she decides to buy the vehicle the chance of getting it insured is unlikely anyway. A vehicle with frame damage has a value drop of at least 50% no matter who repaired the vehicle and the resale of that same vehicle is unlikely, unless it is to a junk yard. My advice is: don’t buy any vehicle that has had a major accident. Get a report from Car Fax and Car Check as well, because one may not show the vehicle was in an accident and it is likely the other will.

If you need a good Lemon Law attorney or a good Personal Injury attorney go to my web site and you will find several attorneys over 3500 of my customers have used all with great success.

Thank you for visiting and tell a friend, GOD bless you.